Section 153A Assessment not sustainable if No incriminating material found during search

Sunil Bhalla Vs ACIT (ITAT Delhi) It is pertinent to note that it is the emphatic statement made on behalf of the assessee that the assessee does not challenge the search conducted on him but what is being challenged is the assessment made under section 153A of the Act as not in accordance with law on the ground that no search under section 132(1) of the Act was initiated against the assessee. When the search is not under challenge, and when something incriminating is found in the lockers belonging to the assessee, we have a grave doubt in our mind as to whether it is open for the assessee to ...